Treating a person as having limited capability for workN.I.
3.—[F1(1) This regulation applies to a person who makes a claim for universal credit or employment and support allowance or who has an existing award of universal credit or employment and support allowance.
(2) Where this regulation applies the person is to be treated as having limited capability for work M1 if the person is—
(a)Infected, or contaminated, with Coronavirus;
(b)in isolation; or
(c)caring for a child or qualifying young person who is a member of the person's household and who falls within paragraph (a) or (b),
and the Department is satisfied that the person should be treated as having limited capability for work.
(3) Regulation 26 and 35(6) to (9) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 M2 applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 16 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 or Part 5 of the Universal Credit Regulations (Northern Ireland) 2016.
(4) Regulation 6(2)(q) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 M3 applies to a determination that the person is to be treated as having limited capability for work in accordance with this regulation as if such a determination had been made under regulation 20 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 M4.]
Textual Amendments
F1Reg. 3 ceases to have effect for specified purposes (30.3.2020) by virtue of The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 10(3)
Commencement Information
I1Reg. 3 in operation at 13.3.2020, see reg. 1(1)
Marginal Citations
M1See section 1(4) of the Welfare Reform Act (Northern Ireland) 2007 and section 43(1) of the Welfare Reform (Northern Ireland) Order 2015.
M2S.R. 2016 No. 221
M3S.R. 1999 No. 162; relevant amending Regulation is S.R. 2010 No. 200
M4S.R. 2008 No. 280; relevant amending Regulations are S.R. 2011 No. 357 and S.R. 2013 No. 246